Shawn Boyle NESHAP Program Inspector sboyle@mbard · Asbestos Facts Asbestos is a nightmare for...
Transcript of Shawn Boyle NESHAP Program Inspector sboyle@mbard · Asbestos Facts Asbestos is a nightmare for...
Shawn Boyle – NESHAP Program Inspector
Asbestos Facts
Asbestos is not going away
Asbestos has been proven to be a Scientifically Proven Carcinogen that is hazardous to human health
Asbestos “Legacy Materials” is still present in thousands of buildings and other structures throughout the United States.
Asbestos Facts Asbestos is a nightmare for workers, companies and the legal
system.
First asbestos lawsuit was filed against a company in 1929.
Asbestos is one of the largest volume of litigated lawsuit in the United States.
Over the last four decades, billions of dollars have been awarded
in judgments and more than 100 companies have filed for bankruptcy.
Asbestos Facts The State of California has the highest number of
mesothelioma deaths in the US.
From 1999 to 2015 – 4,295 California residents died from mesothelioma.
Yuba and Siskiyou counties were ranked in the top 50 counties in the US with the highest mesothelioma death rates.
Enforcement Fact Patterns Now with significant budget cuts for both EPA’s
criminal and civil enforcement programs, States and Air Districts are being deferred to lead anti-pollution prosecutions, even while urging cuts in EPA grants supporting these State and Air District enforcement programs
Enforcement Fact Patterns Things are worse – Getting down to Bare Bones
Understaffed
Underfunded
Asbestos Programs in the State of California are trying to do more with less
Enforcement Tools Thermo Scientific®MicroPHAZIR AS
Enforcement Tools MicroPHAZIR AS “Nuts and Bolts”
Uses a Tungsten bulb to that shines infrared light on
suspect asbestos containing material and then measures the spectrum of reflective light
Uses a long lasting lithium ion battery – good for 8 hours
Device stores the data collected which can be downloaded for use
Enforcement Tools MicroPHAZIR AS - Pros
Excellent screening tool during asbestos investigations and inspections
Reduction in evidence sampling and sampling cost savings.
Relatively ease of use – “Point and Shoot” – can read through clear sampling bags
Enforcement Tools MicroPHAZIR AS - Cons
A 10 minute calibration cycle at start up
Screens and only identifies the asbestos in the subject material with the greatest percentage content –
Less accurate on dark materials that don’t reflect light (example: mastics)
Enforcement Tools MicroPHAZIR AS - Cons
Does not give approximate percentage of asbestos content. Only if asbestos is present/absent.
Must analyze the actual substrate of a suspect building material – can’t analyze through paint layers.
Photograph of linoleum backing scrapped mechanically by a Bobcat Tractor .
The top vinyl layer is removed, leaving the disturbed paper backing
Photograph of broken 12 by 12 inch floor tile with poor integrity
Photograph of various broken 9 by 9-inch and 12 by 12-inch floor tiles
Photograph of 9 by 9-inch floor tile disposed in a garbage can.
MBARD NESHAP ASBESTOS If possible – Having Dedicated Staff for the Asbestos Program –
Partner Up! (Photograph, evidence gathering, interviewing)
Every notification/asbestos survey submitted is reviewed for inaccuracies.
Consistent participation on Environmental Task Force
Work with sister agencies: Building Departments, Cal/OSHA, Contractor State Licensing Board, Environmental Health Departments, District Attorney Offices
Work with fellow Air Districts and CARB (NESHAP Group)
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Potential Violations (NESHAP and Other) Inspections/Investigations can reveal NESHAP violations
including failing to Thoroughly Inspect for asbestos , Failure to notify, Improper removal, Improper disposal, inadequate wetting, competent person
Business & Profession Codes for unfair business practices
Cal/OSHA worker protection, work practices, etc.
Building Departments for construction without permits or inspection for verification of work with respect to building codes.
Peel Back the Onion Skin Layers Inspections/Investigations can also reveal: No state contractor license No asbestos abatement license No workers compensation insurance Building Permit Fraud Work Contract Fraud Real Estate Fraud Fake/Altered Asbestos Surveys/Sampling
Major Violations = Case submitted to D.A.
WORK WITH YOUR DISTRICT ATTORNEY!!!!!